1. Chapter 10 Environmental Policy, Law, and Planning Understand the cycle by which policy is established Scrutinize collaborative, community-based planning methods

2. I. Environmental Policy A. General Information –Policy is a plan or statement of intentions Either written or spoken –Public policy is the principles, laws, executive orders, codes or goals established by some government body –Environmental policies are the rules and regulations concerning the environment that are adopted, implemented, and enforced by government agencies

3. I. Environmental Policy B. Political Decision Making –1. Politics as power Manages group conflict by –Establishing rules to ensure civil competition –Encouraging compromises and balancing interest –Codifying compromises –Enforcing laws and rules

4. I. Environmental Policy B. Political Decision Making –2–2. Rational Choice Utilitarian approach –N–No policy should have a greater total cost than benefit Greatest benefit with least cost Considered applicable to public policy making

5. B. Political Decision Making –2. Rational Choice (cont.) Problems with utilitarian approach –Values and needs are hard to compare Incomplete information –Few broad social goals Many goals are group specific –Politicians look at personal goals Increases power, status, money, and re- election

6. I. Environmental Policy B. Political Decision Making –2. Rational Choice (cont.) –Changes in current policies would mean “lost money” in previous ineffective path –Future consequences are uncertain which causes people to stay with current polices –Lack of scientific background reduces the ability to understand or cost out policies (current or new) –Segmented policy making causes inefficient coordination of decisions

7. I. Environmental Policy C. Policy Cycle –1. Looked at in stages Identify the problems –Described either publicly or privately Set agendas –Organize stakeholders –Choose tactics –Aggravate related issues –Legitimate issues Develop proposals –Determine preferred policy options

8. I. Environmental Policy C. Policy Cycle (cont.) –1. Looked at in stages (cont.) Enact law or rule Implementation –Government agencies carry out policy –Monitor effectiveness Evaluate results –Measuring impacts Suggest changes –Based on results

10. I. Environmental Policy C. Policy Cycle (cont.) –2. Specific Policies National Environmental Policy Act (NEPA) –Cornerstone policy For birth policy and law –Authorizes the Counsel on Environmental Quality Over sees general environmental conditions –Directs federal agencies to take environmental consequences into account –Requires an Environmental Impact Statement (EIS) for every federal project with significant environmental impact

11. I. Environmental Policy C. Policy Cycle (cont.) –2. Specific Policies (cont.) National Environmental Policy Act (NEPA) (Cont) –EIS is a powerful tool –Requires environmental planning –Causes environmental issues to surface that may have remained hidden –Project must be federal and must be major –Time consuming and costly

12. I. Environmental Policy C. Policy Cycle (cont.) –2. Specific Policies (cont.) National Environmental Policy Act (NEPA) (Cont) –Requirements for an EIS Purpose and need Alternative actions Statement of positive and negative impacts Also should look at short-term resources and long term productivity

13. II. Environmental Law A. General Information –Special body of official rules, decisions and actions Deals with environmental quality, natural resources and ecological sustainability –Statute Law consists of formal documents and decrees Enacted by the legislative branch –Case Law derived from court decisions in both criminal and civil cases –Administrative law arises from executive orders administrative rules and regulations Can also be from enforcement decisions

14. II. Environmental Law B. Brief History –Originally laissez-faire –Environmental degradation was unfortunate but necessary –Rivers and Harbors Act of 1899 Illegal to dump so much refuse that navigation was blocked “Solution to pollution is dilution” –Environmental movement grew strong in the 1960’s The book “Silent Spring”, caused an awakening in the U.S. (Rachel Carson)

15. II. Environmental Law B. Brief History (cont.) –In 1969, an oil well blew up in Santa Barbara, CA, This event led to the Clean Water Act of 1972 –Determined point-source and non point- source pollution –27 major law enacted during 1970’s

16. II. Environmental Law C. Statutory Law –1. General Information Created by the legislative branch –Federal laws are enacted by Congress –2. Convoluted Path Bills are referred to committees –Hearings and debate Approval in hearings will send the bills or bills to the full house or senate

17. II. Environmental Law C. Statutory Law (cont.) –2. Convoluted Path (cont.) –Goes through a floor debate –Can still be amended –House and Senate versions must be put together –The bill is then re-debated –If passed, the bill goes to the president If he vetoes, 2/3 vote of the House and Senate can override a veto –If the president leaves it for 10 days, the bills becomes a law Unless Congress adjourns before the 10 days, does not become law

18. II. Environmental Law C. Statutory Law (cont.) –3. Legislative Riders Authorizing bills can become law Appropriate bills can allocate money –Supposedly for existing plans and laws Riders are appropriate packages attached to other bills that fund failed bills –Riders are rarely debated

19. II. Environmental Law C. Statutory Law (cont.) –4. Lobbying Groups of individuals attempting to persuade legislatures Many groups maintain offices in Washington, D.C., and maintain professional lobbyists Local elections can help influence Media attention can help influence –Advertisements –Fundraiser events

20. II. Environmental Law D. Case Law –1. General Information Created by the Judicial Branch Sometimes considered the most effective way to reexamine environmental issues and affect change Lawsuits are created to shape environmental “policies” –Circumvent legislative slowness and “politics”

21. II. Environmental Law D. Case Law (cont.) –1. General Information (cont.) The system rules on the constitutionality of statutes and interprets their meaning –2. Court System 96 Federal court districts –Circuit court of appeals sits over district courts, in 12 geographic regions

22. II. Environmental Law D. Case Law (cont.) –2. Court System (cont.) Trial court judges rule over trials, rules on motions, and decides questions of laws The first judge to hear a case, has the greatest latitude for interpretation –Sets a precedent for further trials or cases –Decisions are not binding from state to state –Distinguished cases remove all precedents, because the case is deemed different –“correcting the law” is when a judge overrides a previous decision that is directly applicable to the case

23. II. Environmental Law D. Case Law (cont.) –3–3. Legal Threshold Standing – do the litigants have a right to stand before the bar and be heard –M–Must show they are materially affected by the action –4–4. Criminal law Derives from federal or state statutes that prohibit wrongs against the state or society

24. D. Case Law (cont.) –4. Criminal Law (cont.) –Violation of many environmental statutes constitute criminal offenses –U.S. Supreme Court ruled that corporate officers could be held criminally liable under gross negligence –In 1982, EPA created an Office of Criminal Investigation A Colorado company president was sentenced to 14 years for knowingly dumping chlorinated solvents

25. II. Environmental Law D. Case Law (cont.) –5. Civil Law Defined as a body of laws regulating relations between individuals and corporations –Deals with property rights, personal dignity, and freedom Common Law is based on a body of previous court decisions –Precedents establish a working definition

26. II. Environmental Law D. Case Law (cont.) –5. Civil Law Tort law deals with cases of personal injury –Seeking compensation for damages Civil cases are decided on the “preponderance” of evidence Environmental groups use this type of court hearings to receive payments for environmental clean up (Exxon Valdez oil spill) Also used to seek injunctions against individuals or corporations when environmentally sensitive areas are involved

27. II. Environmental Law D. Case Law (cont.) –6. Other approaches Strategic Lawsuits Against Political Participation (SLAPP) –People who criticize companies are sued in retaliation –Mostly dismissed –Very expensive to fight against –Usually defamation lawsuits –Used for intimidation

28. II. Environmental Law E. Administrative Law –1.General Information Most municipalities have environmental oversight committees –Set rules, adjudicate disputes, and investigate misconduct Executive agencies work under the jurisdiction of cabinet-level departments –Ex. Agriculture, Interior, or Justice

29. II. Environmental Law E. Administrative Law (cont) –1. General Information (cont) Orders can be formal or informal –Formal cases are published in the Federal Register, gives all parties an opportunity to submit comments –Formal cases have public hearings –Rule making is complex Executive orders can be powerful agents for change

30. II. Environmental Law E. Administrative Law –2. Regulatory Agencies Environmental Protection Agency (EPA) is the primary agency –Cabinet level department –10 regional offices –Must balance many competing interests –Grew under President Jimmy Carter

31. II. Environmental Law E. Administrative Law –2. Regulatory Agencies Department of Interior and Agriculture deal with natural resources –Interior deals with the National Parks Service Responsible for 376 parks, monuments, historic sites, and recreational areas Houses the Bureau of Land Management, which deals with rangeland Houses the Fish and Wildlife Service, which deals with 500 wildlife refuges

32. II. Environmental Law E. Administrative Law –2. Regulatory Agencies –Agriculture is home for the U.S Forest Service Responsible for 175 National Forests and grasslands Department of Labor houses the Occupational Safety and Health Agency (OSHA) –National Institute for Occupational Safety and Health (NIOSH) researches harmful chemicals and helps set environmental pollution policies

33. II. Environmental Law E. Administrative Law –3. Administrative Courts 80% of the rules and regulations by EPA have been challenged in court Administrative courts hear challenges to agency rules and regulations –Administrative judges consider the validity of the rule and its application to the case being heard Administrative court rulings can be appealed to the district court

34. II. Environmental Law E. Administrative Law –3. Administrative Courts Can be overruled if: –The act is too vague or unconstitutional –The agency has gone beyond the scope of power –The agency didn’t follow proper procedure Hear enforcement cases –Violations of rule or standards Evidence rules are less strict

35. III. International Treaties and Conventions A. General Information –Nations are more willing to abide by global treaties of intervention –Participation in all treaties is lacking –Participation has increased over the last decade –Most environmental treaties are non-binding –Trade sanctions can be used to get signing nations to comply with the signed treaty

38. IV. Dispute Resolution and Planning A. General Information –Right v. Wrong, Good v. Evil approach to judicial system does not work for environmental issues Ecological, economical, and social parameters are also included in environmental issues –Good and bad are truly relative and difficult to asses –Must account for human interactions with nature

39. IV. Dispute Resolution and Planning B. Problems and Adaptive Management –Assumed the greater the information, the better the development of environmental laws and policies Not all environmental issues are “straight forward” –What IS ecosystem “health” ? Wicked problems are environmental issues that don’t have a clear answer

40. IV. Dispute Resolution and Planning B. Problems and Adaptive Management –Solutions are not value free solutions, nor objective answers –Solutions contain choices Who is affected, who bears the cost, who bears the benefit –Must obtain a consensus –Impossible to know ALL of the variables

41. IV. Dispute Resolution and Planning B. Problems and Adaptive Management –Adaptive management may be the solution Known as “learning by doing” Don’t always rely on the initial policy, must monitor and make adjustments